INNOVATION VS INTERESTS: AN ANALYSIS OF PATENTABILITY OF INVENTIONS
ABSTRACT
This article explores the concept of patentability of inventions, divided into two main sections. The first section covers one of the key aspects of Intellectual Property law: the patentability of inventions under the Patents Act, 1970. The latter part addresses whether it is mandatory to register an invention as a patent. An analysis is drawn to understand the patentability of inventions according to the provisions of the Patents Act, 1970.
Keywords – Patents, Intellectual Property, Novelty, Inventive, Patentability, Industrial Application, Non-obviousness.
INTRODUCTION
The unique trait that sets humans apart from other species is the capacity for consciousness and the use of intellect. This is the primary evolutionary advantage in the human species. Science, technology, arts, literature, music, cuisine, and all creative endeavors are products of the human mind.
Intellectual Property (IP) encompasses the creative outputs of the human intellect. Unlike tangible assets, IP is an intangible entity that reflects innovation. It is often referred to as “knowledge goods.” As technology advances, the scope of IP continues to expand, covering industrial designs, patents, copyrights, trademarks, and more. Creators who develop new concepts, inventions, or technological advancements seek protection under IP laws. Patent law, in particular, focuses on three key principles: novelty, uniqueness, and usefulness. The Patents Act, 1970 governs patents in India, with amendments introduced in 2002 and 2005.
Since IP is a type of property, it is defined as any entity that falls under the ownership rights of its creator. It includes the exclusive authority to manage and control that creation.
RATIONALE BEHIND PATENTS
A patent grants the inventor an exclusive right—a monopoly—to commercially exploit their invention for a limited period under the Patents Act, 1970. This right, issued by the Patent Office, prevents third parties from using the invention for profit during that period. Patent rights are statutory in nature and originate from the Patents Act.
According to English Halsbury’s Laws, a “patent” refers to the monopoly right to utilize an invention. To be granted a patent, the inventor must disclose the invention in the application with sufficient technical details, enabling someone skilled in the field to reproduce it. This disclosure benefits the public by preventing unnecessary duplication of effort and controlling costs associated with technological research. Patents incentivize inventors, encourage future innovations, and ultimately drive a nation’s technological progress.
IS GETTING A PATENT A MUST?
An inventor is not obligated to patent their invention. Instead of disclosing the invention, they may choose to keep it a secret. However, this approach carries risks, as someone might independently discover the same invention or reverse-engineer it. If this happens, others may freely produce the item using the same invention.
The Allahabad High Court, in Shinning Industries v. Krishna Industries, ruled that “An invention is not a property right unless it has received a patent.” This underscores why inventors typically seek patents to secure exclusive rights for a defined duration.
PATENTABILITY OF AN INVENTION
Before exploring patentability, it’s essential to understand how the Patents Act, 1970 defines an “invention”: a new product or process that involves an inventive step and is capable of industrial application. The definition makes it clear that even a process with an inventive step qualifies as an invention, not just a brand-new product.
Not all inventions are granted patents. They must satisfy certain conditions:
- Novelty
- Inventive Step or Non-obviousness
- Industrial Application
- Shouldn’t be explicitly non-patentable under the act
NOVELTY
The invention must be original and distinct from any existing concepts or products. According to Section 2(l) of the Patents (Amendment) Act, 2005, a “new invention” must not have been anticipated by prior publication or exist in the public domain.
In Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979), the court acknowledged the significance of necessity and utility for patent eligibility. Additionally, the case F. Hoffmann – La Roche Ltd. v. Cipla Ltd. emphasized the importance of novelty in assessing patentability.
INVENTIVE STEP OR NON-OBVIOUSNESS
An inventive step involves an element of the invention that isn’t immediately obvious to someone skilled in the relevant field. Amendments in 2002 and 2005 refined the definition of an inventive step to involve technical advancement or economic significance. The invention should not be something easily deduced by an expert in the field.
In Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries, the Supreme Court highlighted that the term “inventive step” has a specific meaning within patent law and must be judged objectively.
INDUSTRIAL APPLICATION
Section 2(1)(j) of the Patents Act, 1970 states that an invention must involve an inventive step and be applicable in industry. This requires the invention to have a practical utility in a specific industrial setting.
In Indian Vacuum Brake Co. Ltd. v. E.S. Luard, the court ruled that mere usefulness isn’t sufficient for patent eligibility.
NON-PATENTABLE INVENTIONS
Section 3 of the Patents Act lists scenarios where a seemingly proper invention cannot be patented. This includes:
- Frivolous inventions or those contradicting established natural laws.
- Inventions with commercial uses contrary to public order or morality.
- Discoveries of scientific principles or naturally occurring substances.
- Discoveries of new forms or properties of known substances without enhanced efficacy.
- Combinations of existing properties without novel effects.
- Methods of agriculture, horticulture, or certain medical treatments.
- Pure business methods, mathematical models, and algorithms.
- Aesthetic creations, mental acts, or rules for games.
Moreover, inventions related to atomic energy cannot be patented, as specified in Section 4 of the Patents Act, 1970.
CONCLUSION
Intellectual Property covers any creative work, invention, idea, or intellectual output produced by an individual. Patents, a form of IP, protect inventions that meet criteria such as novelty, utility, and non-obviousness. However, not all inventions are eligible, as certain limitations apply under Indian patent law. The Patents Act, 1970, along with its amendments in 2002 and 2005, regulates the patent system in India. A successful patent application requires satisfying specific conditions, but applications can be rejected for various reasons.
Authored by Yash Bhardwaj